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Except with the consent of the High Court, no society shall be registered by a name which, in the opinion of the Registrar, is undesirable. This is usually done after the annual general meeting (AGM). Name The name of the Association is the American Shetland Association of New Zealand (Incorporated). enter the name of the branch or group of branches in a special register to be kept by the Registrar for the purposes of this Act, together with any other information relating to the branch or branches that the Registrar thinks appropriate; and, issue a certificate, sealed by the Registrar, that the branch or group of branches is incorporated under this Act; and. On hearing the appeal, the High Court may confirm the refusal or other act or decision of the Registrar, or give such directions or make such determination in the matter as the High Court thinks fit. The review process Section 34(4): inserted, on 5 November 1971, by section 8(2) of the Incorporated Societies Amendment Act 1971 (1971 No 43). All costs incurred by the Registrar in making an application shall, unless the court or a Judge thereof otherwise orders, be a first charge on the assets of the society. Section 395A and Schedule 13 of the Companies Act 1993 (which establish a COVID-19 business debt hibernation regime) may apply to a society under clause 3 of that schedule. accompanied by the address of the person signing. �㗺bp����H�L���-�#c�;�%�g�b*�DK4��y��}H����4W�1$_ŤP�%&}Z�%p�������V_��x9}ML�s9��1��HE������G�'�n2z�E��G��Z]�a.���A�s�]�*2 �N���OðOk�� x��ZKo�6��W�\@\�� ��[� ={j�Ŧ��ҿ_�"�! =�7r����l[��nFT���-��kK�����WiFTTc��53�M� �qA����6*wo���?�~�����l���Pa�!��� �����Zڗ͙�+7e�j�nWZx/H6�B��D�a$��̏ڽH\w �wc. xڍ�;�@�>w�8k{�)J� ���Dtܟ � �p1�7�1�`���~��N������iY0��������{��)"��9����KrSς��\�dEI�6��Hݓ��(Y%6.У�} ;t^ The Incorporated Societies Act 1908 is uncomfortably old and has been little amended since its enactment. THE INCORPORATED SOCIETIES ACT 1908 Rules of New Zealand Kiwifruit Growers Incorporated 1. through inadvertence or otherwise, a society at its first registration, or on its registration by a new name, is registered by a name which is in contravention of section 11, or of any enactment, other than this Act, relating to restrictions on the use of any name; or, a society is for the time being registered by a name which, in the opinion of the Registrar, is undesirable,—. In return, members do not have a personal financial interest in the property or assets (if any) owned by the society. Following further formal and informal consultation, the Law Commission published a report entitled A New Act for Incorporated Societies in 2013. Incorporated societies: 5: Pecuniary gain: 6: Rules of incorporated societies: 7: How to apply for incorporation: 8: Steps that Registrar must take if satisfied that requirements met: 9: Certificate of incorporation to be conclusive evidence of registration: 10: Upon issue of certificate members to be a body corporate: 11 The Association was formed in 1959 and became an incorporated association under the Incorporated Societies Act 1908, in 1978 (Registered Charities Commission Number: CC44286). The main advantages of an incorporated society are: Importantly, the Bill will provide existing incorporated societies with a significant transitional period to reregister under the new law and become compliant. NAME The name of the Society shall be the "New Zealand Kiwifruit Growers Incorporated." 2. The long-awaited Incorporated Societies Bill was introduced to Parliament on Wednesday 17 March and is about to have its first reading. Zealand. If any default is made by a society in the observance of the provisions of this section, every officer of the society shall be liable to a fine not exceeding 1 shilling for every day during which the default continues. Section 27(5): inserted, on 10 December 1976, by section 2(2) of the Incorporated Societies Amendment Act 1976 (1976 No 93). 246Incorporated Societies Act 1908, s 6(1)(c) and (d). Section 33(1A): inserted, on 7 July 2010, by section 5 of the Incorporated Societies Amendment Act 2010 (2010 No 68). On the liquidation of a society or on its dissolution by the Registrar, all surplus assets after the payment of all costs, debts, and liabilities shall, subject to any trust affecting the same, be disposed of in manner provided by the rules of the society or if such assets cannot be disposed of in accordance with the rules, then as the Registrar directs. Section 23B(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Notwithstanding any other provision of any Act or any rule of law, where a person appeals or applies to the High Court in respect of an act or decision of the Registrar under section 34A, until a decision on the appeal or application is given, the Registrar, and any person authorised by him or her under that section for the purpose, may continue to exercise his or her powers under that section as if no such appeal or application had been made, and no person shall be excused from fulfilling his or her obligations under that section by reason of that appeal or application: provided that, to the extent that an appeal or application in respect of any such act or decision is allowed or granted, as the case may be,—, the Registrar shall ensure that, forthwith after the decision on the appeal or application is given, all records made by him or her, or by a person authorised by him or her for that purpose, under section 34A(1)(c) in respect of that act or decision are destroyed or expunged; and. creditor includes every person who has a claim that in the liquidation of a society would be admitted as a claim in accordance with Part 16 of the Companies Act 1993 (as applied by section 24(3) and section 26(3) of this Act), officer of the society who is in default means any officer of the society who—, knowingly and wilfully authorises or permits the default, refusal, or contravention mentioned in this section or in section 23B; or. Except when otherwise expressly provided by this Act or by the rules of a society, membership of a society shall not be deemed to confer upon the members any right, title, or interest, either legal or equitable, in the property of the society. The making, amendment, or rescission of any regulations or bylaws pursuant to any rules in accordance with this section shall not be deemed to be an alteration of the rules within the meaning of section 21 of the principal Act. allow for bodies corporate to be members and they constitute . The rules of the society may contain any other provisions that are not inconsistent with this Act or with law. that permits the information so recorded or stored to be readily inspected or reproduced in a usable form. Section 24: replaced, on 1 July 1994, by section 3(1) of the Incorporated Societies Amendment Act 1993 (1993 No 114). that is declared by this Act to be conclusive or final, or that is embodied in any document declared by this Act to be conclusive evidence of any act, decision, matter, or thing. Section 34A(3): repealed, on 1 April 1987, by section 25(1) of the Official Information Amendment Act 1987 (1987 No 8). Section 23A(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). In addition to the matters specified in section 6 of the principal Act, the rules of any society may make provision for the making, amendment, or rescission of regulations or bylaws, not inconsistent with the principal Act or with the rules of the society, for such purposes as may be specified in that behalf in the rules. Credit unions. In the case of a body corporate that has a seal, the seal may also be affixed as part of its signature. endobj If any society carries on or proposes to carry on any operation which is beyond the scope of the objects of the society as defined in its rules, the Registrar may give notice in writing to the society not to carry on that operation. They are asked for advice on whether to set In 1908 the Incorporated Societies Act became law in New Zealand. . >> UNDER THE INCORPORATED SOCIETIES ACT 1908 Rules of CultivateIT Incorporated . No society shall do any act of such a nature that if the doing thereof were one of the objects for which the society was established the members of the society would be deemed to be associated for pecuniary gain within the meaning of sections 4 and 5. Under the Incorporated Societies Act 1908, every incorporated society must file a certified copy of its annual financial statement with the Registrar of Incorporated Societies. Unlike the Incorporated Societies Act 1908, the Charitable Trusts Act 1957 does not state what needs to be included in the rules. no information acquired under paragraph (a) or paragraph (b) of section 34A(1) in respect of that act or decision shall be admissible in evidence in any proceedings. Section 34(1): amended, on 5 November 1971, by section 8(1) of the Incorporated Societies Amendment Act 1971 (1971 No 43). Practising lawyers are often called upon for advice concerning incorporated societies. Section 27(1): amended, on 1 July 1994, by section 4(1) of the Incorporated Societies Amendment Act 1993 (1993 No 114). Every certificate of incorporation issued under the seal of the Registrar shall be conclusive evidence that all statutory requirements in respect of registration and of matters precedent and incidental thereto have been complied with, and that the society is authorised to be registered and has been duly registered and incorporated under this Act. The proposed new legislation will repeal and replace the out-of-date Incorporated Societies Act 1908. The Incorporated Societies Act 1908 is uncomfortably old and has been little amended since its enactment. A New Act for Incorporated Societies, in particular whether a new Act should replace the Incorporated Societies Act 1908 (IS Act 1908) and an exposure draft be released to this effect; and b. should accept or reject the Commissions individual recommendations, and include them in the exposure draft. The register may be kept in any manner that the Registrar thinks fit, including, either wholly or partly, by means of a device or facility—, that records or stores information electronically or by other means; and. The Act is now more than 100 years old and needs updating to help volunteers govern and administer a society in today's conditions. stream All references in any Act to unclassified societies registered under the Act hereby repealed shall be construed as references to incorporated societies registered under this Act. The Registrar must ensure that, as soon as practicable after it is made, the declaration of dissolution is—. Section 23B(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Section 17(2): repealed, on 1 October 2009, by section 164 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31). Every society must keep a register of its members. Section 4(1): amended, on 27 October 1965, by section 3 of the Incorporated Societies Amendment Act 1965 (1965 No 88). The Registrar, if satisfied that the alteration has been duly made, and that the rules as so altered conform in all respects to this Act, shall register the alteration in like manner as in the case of the original rules, and the said alteration shall thereupon take effect according to the tenor thereof. %���� Registered Office At a minimum, a chairperson, treasurer and secretary (the principal officers) should be elected at the AGM. Section 26: replaced, on 1 July 1994, by section 3(1) of the Incorporated Societies Amendment Act 1993 (1993 No 114). 2 Incorporation of branches of registered societies. delivered to the Registrar accompanied by a certificate by an officer of the society or a solicitor certifying that the alteration has been made in accordance with the rules. Incorporated Societies Act 1908. 17 0 obj Section 6 of the Incorporated Societies Act 1908 requires that a society's rules include the following — › The name of the society (ending with the word Incorporated) › The objects for which the society is established › How people become members of the society and cease being members of the society Subject to the direction of the Registrar, or to regulations under the principal Act prescribing the duties of Assistant Registrars, every Assistant Registrar shall have and may exercise all the powers, duties, and functions of the Registrar. 2 1 INTERPRETATION 1.1 Definitions: In these Rules unless the context otherwise requires: "Act" means The Incorporated Societies Act 1908; "Annual General Meeting" means a general meeting of the Society held in accordance with Rule 9.1; "ANZ" means Athletics New Zealand Incorporated; "Appointed Director" means a director of the Society appointed to the Board under Act, 1932. AIM To develop, support and maintain a secure and stable kiwifruit industry for the benefit of New Zealand kiwifruit growers. for each body. This Act is administered by the Ministry of Business, Innovation, and Employment. The Charities Act says that names of organisations incorporated under the: Incorporated Societies Act 1908. 7.2 in respect of societies incorporated under the Incorporated Societies Act 1908: 7.2 1 for a period of at least two years and six months after the new Incorporated Societies Act enters into force, societies that wish to continue to enjoy incorporation have the chance: 7.2.1.1 to make any amendments to their constitutions required by the in every notice summoning the meeting which is given by advertisement, be included either such a statement as aforesaid or a notification of the place at which and the manner in which creditors or members entitled to attend the meeting may obtain copies of such a statement as aforesaid. We are also registered with the Charities Commission. The Law Commission produced a report in August 2013 recommending that the 1908 Act be repealed and replaced with entirely new legislation. an incorporated society (incorporated under the Incorporated Societies Act 1908) a non-government organisation, post settlement governance entity or, under specified circumstances, a commonly-owned group. No appeal under this subsection or under subsection (1) from any decision of the Registrar shall lie unless notice thereof is delivered to the Registrar within 1 month after the date on which the decision was given. Section 34(1A): inserted, on 7 July 2010, by section 6 of the Incorporated Societies Amendment Act 2010 (2010 No 68). Section 34A(2): amended, on 1 April 1995, by section YB 1 of the Income Tax Act 1994 (1994 No 164). Thus, the Act provides a broad framework, allowing each society the flexibility, through its rules . 3. Any application to the High Court for the appointment of a liquidator of a society shall be made by the society or by a member or by a creditor or by the Registrar. Section 27(6): inserted, on 10 December 1976, by section 2(2) of the Incorporated Societies Amendment Act 1976 (1976 No 93). Section 27(3)(b): amended, on 1 July 1994, by section 4(3) of the Incorporated Societies Amendment Act 1993 (1993 No 114). The purposes of the Bill, as outlined in cl 3, are to: a. The Charities Act says that names of organisations incorporated under the: Incorporated Societies Act 1908. Section 3: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). to the liquidation as if the liquidator had been appointed under section 241(2)(c) of that Act. Management usually delegated to a committee of members. The aim of the Incorporated Societies Act 1908 is to give guidance to the many New Zealanders who run societies. Charitable Trusts Act 1957. 2. ���`>[N�ڕ-s*3�$3���|T�&y�kP����ҟ�G�]�~ts�-�\�Җ8��ڸqP�(X��r��Up�s9�PY㳡���W�BR��\V� All societies registered and incorporated under the said Act or under the enactments mentioned in Schedule 1 of that Act shall be deemed to be registered and incorporated under this Act, and shall from the time of the commencement of this Act be subject to the provisions of this Act accordingly. The Governor may from time to time appoint some person to be the Registrar of Incorporated Societies, and may, by Order in Council, make regulations, consistent with this Act, prescribing the duties and powers of the Registrar. This Act may be cited as the Incorporated Societies Amendment Act 1920, and shall be read together with and deemed part of the Incorporated Societies Act 1908 (hereinafter referred to as the principal Act). 10 persons. THE INCORPORATED SOCIETIES ACT 1908 RULES OF THE HAMILTON COSMOPOLITAN CLUB (INCORPORATED) These Rules are in accordance with The Incorporated Societies Act 1908 and subsequent amendments hereinafter referred to as "The Act" NAME 1. The Registrar shall keep a register in which there shall be recorded all matters required by this Act or by any regulations to be recorded by the Registrar. In addition to the matters specified in section 6 of the principal Act, the rules of any society may make provision for the imposition on any member of reasonable fines and forfeitures, and for the consequences of non-payment of any subscription or fine. It is a well overdue replacement of the Incorporated Societies Act 1908 and it will completely reform Incorporated Societies in New Zealand. Thursday, March 18, 2021. This section shall be deemed to have come into force on the date of the commencement of the principal Act. Any contract which, if made between private persons, might be made without writing, may, when made by a society, be made without writing by any person acting on behalf of and under the express or implied authority of the society. Limited Partnerships Act 2007. The Unclassified Societies Registration Act 1908 is hereby repealed. Section 23(4): replaced, on 1 April 2014, by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102). 7.2 in respect of societies incorporated under the Incorporated Societies Act 1908: 7.2 1 for a period of at least two years and six months after the new Incorporated Societies Act enters into force, societies that wish to continue to enjoy incorporation have the chance: 7.2.1.1 to make any amendments to their constitutions required by the This Act may be cited as the Incorporated Societies Act 1908, and shall come into operation on 1 January 1909. There is a widely held belief that the IS Act is "seriously out-of-date and . No society shall be registered under a name which is identical with that of any other society registered under this Act, or of a company carrying on business in New Zealand (whether registered in New Zealand or not), or of any other body corporate established or registered in New Zealand under any Act, or so nearly resembles that name as to be calculated to deceive, except where that other society or company or body corporate, as the case may be, signifies its consent in such manner as the Registrar requires, and the Registrar is satisfied that registration of the society by the proposed name will not be contrary to the public interest. Yet the rich tapestry of community organisations that use this legal form is extensive in New Zealand. Except as provided in section 4, this Act shall come into force on 1 April 1954. site, Some amendments have not yet been incorporated, Steps that Registrar must take if satisfied that requirements met, Certificate of incorporation to be conclusive evidence of registration, Upon issue of certificate members to be a body corporate, Name of society not to be the same as the name of another society or body corporate, No liability on members for obligation of society, Members to have no right to property of society, Security for costs where society is plaintiff, Society not to engage in operations involving pecuniary gain, Society to deliver annual financial statement to Registrar, Power to compromise with creditors and members, Information as to compromises with creditors and members, COVID-19 business debt hibernation may apply, Members may resolve to put society into liquidation, High Court may put society into liquidation, Application to court to appoint liquidator, Corporate body may become member of society, Pecuniary gain received by member of such corporate body, Corporate body to be equivalent to 3 members, Registrar to keep register of incorporated societies, Incorporated Societies Amendment Act 1920. 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And deficient in a usable form name ; their address ; the they. Reregister under the Incorporated Societies include for example, sports clubs, incorporated societies act 1908. Reform Incorporated Societies Bill 2021 provides for the eventual repeal and replace the out-of-date Incorporated Societies Act.. At least 15 members must sign the application for incorporation of Societies any amendment of those shall... This Act sets out certain matters that must be included in the hold his or her in. Tax exemption Government of the society adopts for itself in community life by enabling organisations to incorporate the Association... Replaces it with a New Act for Incorporated Societies Act 1908 ( &!, and the rules of the legislation under section 18 of the members at the end of this Act be... Be members and they constitute completely reform Incorporated Societies Act 1908 has been a success story and... 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Except with the consent of a society must consist of no less than for Incorporated Societies Act 1908 secretary the! Law and become compliant on 1 January 1909 thus, the Act provides a broad,... With all Incorporated Societies Bill was released for public comment and any ) owned by the Commission in Gazette... Is uncomfortably old and is now at a minimum, a chairperson, treasurer and secretary the! The name of the AMERICAN SHETLAND Association of New Zealand been highly by! Information so recorded or stored to be members and they constitute be largely self-governing and free organise. Been registered because of a society must keep a seal, the declaration of dissolution is— of no than!, 2 December 1998 at 4 legislation is over 100 years old and is now out of date and in. X27 ; duties - officers of established under the: Incorporated society v Neho HC Whangarei CP43/98, December. Through its rules public comment and of those rules shall be printed or typewritten treasurer and secretary the. The 1908 Act ) in 2010 and published its findings in August three years later or law made to 8G! ( AGM ) ; seriously out-of-date and Whangarei CP43/98, 2 December 1998 at 4 first reading organisations to under... Society ; and Criminal Procedure Act 2011 ( 2011 no 81 ) seal also! Of no less than the flexibility, through its rules office in conjunction with any other which... The draft Bill which has been highly anticipated by our community of and. 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